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Written & reviewed by Charles E. Liken Jr., Esq.Colorado Attorney · Former Deputy District Attorney · 700+ investigations · Reviewed for accuracy as of July 2026 Quick answers
How long do I have to request a DMV hearing after a Colorado DUI arrest?
Generally seven days from the notice of revocation served at your arrest under § 42-2-126, C.R.S. Request it in writing immediately — the criminal court date does not protect your license.
Should I talk to the police or prosecutor to explain my side?
No. Exercise your right to remain silent and let counsel speak for you. Statements are the state's cheapest evidence, and a refusal to take a chemical test can be offered against you at trial under § 42-4-1301(6)(d), C.R.S.
Will I go to jail for a first DUI in Colorado?
Penalty ranges for a first DUI include five days to one year of jail under § 42-4-1307(3), C.R.S., though the court may suspend the five-day minimum if you complete an alcohol and drug evaluation and the Level I or II program it calls for.
Do I need a lawyer for the DMV hearing too?
Yes — it's a separate case against your license with its own record, and it's often the first sworn testimony in the entire matter. Handled well, it protects both your driving and your criminal defense.
Why LLF for This
Defense built on government experience
Attorney Liken spent six years as a government investigator for the City & County of Denver — more than 700 investigations, surveillance, reports, and testimony — and then prosecuted criminal cases as a former Deputy District Attorney in Colorado's 12th Judicial District, making first-chair charging and plea decisions.
That means two things for you: he knows how the state's file was built — and where files like it break. Stop justification, roadside administration, machine maintenance logs, blood chain of custody, report inconsistencies: the weaknesses aren't found by accident; they're found by someone who used to build the same files.
Step by step
- Day 1 — Preserve your license: DMV hearing request filed within the 7-day window (§ 42-2-126, C.R.S.).
- Week 1 — Evidence hold: written timeline, witness list, request for video (body-cam, dash-cam, booking) before retention windows lapse.
- Weeks 2–4 — DMV hearing and early discovery; suppression analysis of the stop, tests, and advisements.
- Month 2+ — Charging negotiations, motions, and — where the evidence deserves it — trial posture.
Tonight's fear is not a verdict
A DUI arrest is survivable — professionally, financially, personally. The people who come through best are the ones who act inside the first week. That's now.